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[Proposed] Order Granting Defendant’s Request for Leave to file MSJ

1

BILL LOCKYER

Attorney General of the State of California

JAMES M. HUMES

Chief Assistant Attorney General

FRANCES T. GRUNDER

Senior Assistant Attorney General

JAMES E. FLYNN

Supervising Deputy Attorney General

MARIA G. CHAN, State Bar No. 192130

Deputy Attorney General

1300 I Street, Suite 125

P.O. Box 944255

Sacramento, CA 94244-2550

Telephone: (916) 323-1940

Fax: (916) 324-5205

Attorneys for Defendant Runnels

SA2004103389

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SANTIAGO SOTO,

Plaintiff,

v.

D. L. RUNNELS,

Defendant.

NO. CIV S-04-0571 FCD GGH P

ORDER GRANTING DEFENDANT’S

REQUEST FOR LEAVE TO FILE A

MOTION FOR SUMMARY

JUDGMENT

Defendant Runnels’ request for leave to file a motion for summary judgment and

request for an additional 30 days in which to file the motion was considered by the Court, and

good cause appearing, Defendant’s request is granted.

IT IS HEREBY ORDERED that Defendant shall have until September 24, 2005 to file

a motion for summary judgment.

DATED: 9/12/05

/s/ Gregory G. Hollows

 

GREGORY G. HOLLOWS

United States Magistrate Judge

soto0571.po

Case 2:04-cv-00571-FCD-GGH Document 30 Filed 09/12/05 Page 1 of 1
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
AND IS QUALIFIED IN ITS ENTIRETY BY SUCH FINANCIAL STATEMENTS (IN THOUSANDS,
EXCEPT PER SHARE DATA).
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> US

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                         176,350
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     11,017
<CURRENT-ASSETS>                               190,949
<PP&E>                                           9,591
<DEPRECIATION>                                   (676)
<TOTAL-ASSETS>                                 203,797
<CURRENT-LIABILITIES>                           16,097
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                     184,372
<TOTAL-LIABILITY-AND-EQUITY>                   203,797
<SALES>                                          7,975
<TOTAL-REVENUES>                                 7,975
<CGS>                                            6,457
<TOTAL-COSTS>                                    6,457
<OTHER-EXPENSES>                                23,226
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  18
<INCOME-PRETAX>                               (20,782)
<INCOME-TAX>                                       (1)
<INCOME-CONTINUING>                           (20,783)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (20,783)
<EPS-BASIC>                                     (0.32)
<EPS-DILUTED>                                   (0.32)


</TABLE>
##### 



EXHIBIT 3(ii)(b)
 STANDING RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REGISTRANT
AS AMENDED TO JULY 18, 2005
  OFFICERS AND ASSISTANTS
 SECTION 1. Officers
   (a)
    
    Chief Executive Officer. The Chief Executive Officer of the Company shall be either the
Chairman, the Deputy Chairman or the President as may be stipulated from time to time by the
Board.(b)
    
    The Chairman. The Chairman shall preside at all meetings of the shareholders, and the Board,
and he shall have such other powers and perform such other duties as may be assigned to him
from time to time by the Board, and, if and so long as he is not the Chief Executive Officer
of the Company, as may be delegated to him by the Chief Executive Officer of the Company.(c)
    
    The President. The President shall, in the absence of the Chairman or Chief Executive
Officer (if the President is not also the Chief Executive Officer), preside at all meetings of
the shareholders and the Board, and shall have such other powers and perform such other duties
as may be assigned to the President from time to time by the Board and, if and so long as he
is not the Chief Executive Officer of the Company, as may be delegated to him by the Chief
Executive Officer of the Company.(d)
    
    Deputy Chairman or Vice-Chairman. The Deputy Chairman or Vice-Chairman shall, in the absence
of the Chairman, the Chief Executive Officer or the President, preside at all meetings of the
shareholders and the Board, and he shall have such other powers and perform such other duties
as may be assigned to him from time to time by the Board or delegated to him by the Chief
Executive Officer of the Company.




---



##### 



-2- (e)
    
    Vice-Presidents.Each Vice-President shall have such powers and perform such duties as may
from time to time be assigned to him by the Board and shall be subject to the control and
direction of the senior Officer to whom such Vice-President reports.(f)
    
    The Treasurer. The Treasurer shall have the powers and perform the duties usually incident
to the office of treasurer and that may be assigned to him from time to time by the Board, and
shall be subject to the control and direction of the senior Officer to whom he reports.(g)
    
    The Secretary. The Secretary shall have the powers and perform the duties usually incident
to the office of secretary and that may be assigned to him from time to time by the Board, and
shall be subject to the control and direction of the senior Officer to whom he reports.(h)
    
    The Comptroller. The Comptroller shall have the powers and perform the duties usually
incident to the office of comptroller and that may be assigned to him from time to time by the
Board, and shall be subject to the control and direction of the senior Officer to whom he
reports.
 SECTION 2. Assistants
 FISCAL YEAR
  CORPORATE SEAL
  EXECUTION OF DOCUMENTS
No. 62474.

#### De Luca Importing Co., Inc., *v.*United States,

protest 58/346 (Los Angeles).

Opinion by

Johnson, J.

It was stipulated that the facts and issues herein are similar in all material respects to those involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited, it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found. The protest was sustained to this extent.
Exhibit 32.1

Certification of Chief Executive Officer of Agere Systems Inc.Pursuant to 18 U.S.C. Section 1350(Adopted by Section 906 of the Sarbanes-Oxley Act of 2002)

The undersigned Chief Executive Officer of Agere Systems Inc. (Agere) hereby certifies that:

| | 1. |  | Ageres Annual Report on Form 10-K for the period ended September 30, 2006, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |   
| | 2. |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Agere.                                                                                                              

| | /s/ Richard L. Clemmer  | 
| | ----------------------- | 
| | Richard L. Clemmer     
| | Chief Executive Officer

November 30, 2006

---
CERTIFICATE OF SERVICE

I, James A. Francis, hereby certify that, on this date, I caused a true and correct copy of 

the foregoing to be served by way of hand delivery, upon the following individual: 

Timothy P. Creech, Esquire 

Satzberg, Trichon, Kogan 

& Wertheimer, P.C. 

1818 Market Street, 30th Floor 

Philadelphia, PA 19103 

 FRANCIS & MAILMAN, P.C.

 ________________________________

 JAMES A. FRANCIS, ESQUIRE 

MARK D. MAILMAN, ESQUIRE 

JOHN SOUMILAS, ESQUIRE 

Attorneys for Plaintiff 

 Land Title Building, 19th Floor 

 100 South Broad Street 

Philadelphia, PA 19110 

 (215) 735-8600 

DATE: November 7, 2003 

Case 2:02-cv-04440-AB Document 39-2 Filed 11/07/2003 Page 1 of 1
All claims against Defendant have been adjudicated 1

(doc. no. 185).

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TYRA COLEMAN et al., : CIVIL ACTION

: NO. 05-4506

Plaintiffs, :

:

v. :

:

BLOCKBUSTER, INC. :

:

Defendant. :

:

J U D G M E N T

AND NOW, this 12th day of September 2008, pursuant to

the Court’s Memorandum and Order dated June 30, 2008 (doc. no.

156) granting Defendant’s motion for summary judgment (doc. no.

97), it is hereby ORDERED that JUDGMENT is ENTERED in favor of

Defendant and against Plaintiff Tyra Coleman on all claims.

It is further ORDERED that the Clerk of the Court shall

mark this case as CLOSED.

1

AND IT IS SO ORDERED.

 S/Eduardo C. Robreno 

EDUARDO C. ROBRENO, J.

Case 2:05-cv-04506-ER Document 186 Filed 09/15/2008 Page 1 of 1
Exhibit 11 - Statement Regarding Computation of Per Share Earnings

<TABLE>
<CAPTION>

                                                                            2003                           2002
                                                                            ----                           ----

                                                                   Basic           Diluted          Basic          Diluted
                                                                   -----           -------          -----          -------
<S>                                                                 <C>              <C>             <C>              <C>
Weighted average common shares outstanding                        1,596,946      1,596,946        1,638,403      1,638,403

Weighted average common shares issuable
upon exercise of stock options under the
treasury stock method                                                     -         34,398                -         10,726

Weighted average common shares issuable
upon exercise of warrants under the
treasury stock method                                                     -              -                -              -

Weighted average common shares and
common share equivalents utilized for
earnings per share computation                                    1,596,946      1,631,344        1,638,403     1,649,129



</TABLE>
Exhibit 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Merrill Lynch
Preferred Capital Trust III and Merrill Lynch Preferred Funding III, L.P.
(the "Partnership") for the period ended June 27, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),
I, Gary Carlin, Controller of Merrill Lynch & Co., Inc., the General
Partner of the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d)
    of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
    respects, the financial condition and results of operations of the
    Partnership.




                              MERRILL LYNCH PREFERRED FUNDING III, L.P.

                              By:  MERRILL LYNCH & CO., INC., as General Partner


                              By:  /s/ GARY CARLIN
                                   ---------------------------------------------
                              Name:    Gary Carlin *
                              Title:   Controller, Merrill Lynch & Co., Inc.








Dated: August 6, 2008
---------------------

*  Gary Carlin functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of the Partnership for purposes of Section 906
   of the Sarbanes-Oxley Act of 2002.
Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Merrill Lynch Preferred
Capital Trust III (the "Trust") and Merrill Lynch Preferred Funding III, L.P.
for the period ended March 28, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Marlene Debel,
Regular Trustee of the Trust, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d)
    of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
    respects, the financial condition and results of operations of the Trust.





                              MERRILL LYNCH PREFERRED CAPITAL TRUST III


                              By:  /s/ Marlene Debel
                                   ---------------------------------------------
                              Name:    Marlene Debel *
                              Title:   Regular Trustee









Dated: May 9, 2008
_____________________

* Marlene Debel functions as the equivalent of the Chief Executive Officer
  and Chief  Financial  Officer of the Trust for  purposes  of Section  906
  of the Sarbanes-Oxley Act of 2002.
1

 The above-named complaint arises from new factual allegations and is therefore not res

judicata. On February 2, 2002, plaintiff filed a complaint in this Court against defendant

Trustees of the University of Pennsylvania, Civil Action No. 02-CV-567, alleging that defendant

had discriminated against him on the basis of gender in failing to hire him after he had submitted

his resume to defendant’s website for general consideration on July 16, 2001. On August 16,

2004, I granted summary judgment to defendant, finding that plaintiff had failed to meet his

burden to show that defendant’s asserted reason for failing to hire him (that plaintiff had not

applied to any specific positions, and therefore had not been considered for any) was merely

pretextual. On September 12, 2005, plaintiff filed the above-named complaint, alleging inter

alia that defendant had discriminated against him on the basis of gender in failing to hire him

after he had specifically applied for 90-100 positions during the spring and summer of 2002, and

that defendant had committed gender discrimination by creating jobs for women to the exclusion

of men.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GORDON RAY PARKER, : CIVIL ACTION

:

Plaintiff, :

:

v. : NO. 05-4874

:

TRUSTEES OF THE UNIVERSITY:

OF PENNSYLVANIA, :

:

Defendant. :

 

 ORDER

AND NOW, this 27th day of March, 2006, upon consideration of defendant’s

motion to dismiss (Doc. # 6) on the grounds of res judicata, it is hereby ORDERED that the

motion is DENIED.

1

s/Anita B. Brody

___________________________ 

ANITA B. BRODY, J. 

Copies VIA ECF on _______ to: Copies MAILED on _______ to:

Case 2:05-cv-04874-PBT Document 10 Filed 03/28/06 Page 1 of 2
O:\ABB 2006\Parker Order deny dismiss.wpd

Case 2:05-cv-04874-PBT Document 10 Filed 03/28/06 Page 2 of 2
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00334-CV

__________________

IN THE INTEREST OF A.L.N.P.

__________________________________________________________________

On Appeal from the County Court at Law No. 2

Liberty County, Texas

Trial Cause No. CV1205410

__________________________________________________________________

MEMORANDUM OPINION

The appellant filed a motion to dismiss this appeal. The motion appears to be 

voluntarily made by appellant, and it was filed prior to any decision of this Court. 

See Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. We grant the 

motion and dismiss the appeal.

APPEAL DISMISSED.

PER CURIAM
2

Submitted on December 18, 2019

Opinion Delivered December 19, 2019

Before McKeithen, C.J., Horton and Johnson, JJ.
Exhibit 32.1

Certification Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Husky Energy Inc. (the Company) on Form 40-F for the fiscal year
ending December 31, 2016 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert J. Peabody, President& Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                   
|-----------------------------------
|Date: February 24, 2017            
|                                   
|/s/ Robert J. Peabody              
|Robert J. Peabody                  
|President & Chief Executive Officer
No. 49097.

#### Protests 93228-K, etc., of Wilson *&*Co., Inc. (New York).

Opinion by

Keefe, J.

It was stipulated that the cheese in question is sijnilar to that the subject of *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706) and Abstract 48539. In accordance therewith it was held to be properly dutiable upon the basis of the net weight of the cheese as returned by the United States weigher, not including the weight of the strings, less 2)4 percent for inedible coverings. Protests sustained to this extent. Abstracts 40880 and 41794 cited.
<PAGE>


EXHIBIT 31.2

                                  CERTIFICATION

         I, Michael Walsh, certify that:

         1. I have reviewed this quarterly report on Form 10-QSB/A of IQ
Biometrix, Inc.;

         2. Based on my knowledge, this report does not contain any untrue
statement of material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

         4. The registrant's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

                  a) Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant is made known to us
by others within those entities, particularly during the period in which this
report is being prepared;

                  b) Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

                  c) Disclosed in this report any change in the registrant's
internal control over financial reporting that occurred during the registrant's
most recent fiscal quarter (the registrant's fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

         5. The registrant's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):

                  a) All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize and report financial information; and

                  b) Any fraud, whether or not material, that involves
management or other employees who have a significant role in the registrant's
internal control over financial reporting.

Date: March 31, 2004





/s/ Michael Walsh
---------------------------
Michael Walsh
Chief Financial Officer